ICANN Seeks Public Comment on 2013 RAA Data Retention Specification Data Elements and Legitimate Purposes for Collection and Retention
ICANN has been in discussions with a number of Registrars regarding data retention waiver requests (“Waiver Requests”) submitted under the 2013 Registrar Accreditation Agreement (the “2013 RAA “). Some Registrars are seeking an exemption from certain collection and/or retention requirements under the Data Retention Specification (the “Specification”) of the 2013 RAA .
Section 2 of the Data Retention Specification sets forth requirements regarding the written materials a Registrar must submit in support of its good faith determination that the collection and/or retention of any data element specified in the Specification violates applicable law, and provides that following notice to ICANN of the Waiver Request, ICANN and the applicable Registrar shall discuss the matter in good faith in an effort to reach a mutually acceptable resolution of the matter. An update on the 2013 RAA and the data retention waiver process can be found here: http://blog.icann.org/2014/02/update-on-2013-raa-and-data-retention-waiver-process/
ICANN understands that personal data should be treated in accordance with applicable data protection laws, which generally permit gathering and retention of personal data for legitimate purpose(s). ICANN also understands that the law may vary from country to country as to (i) what is considered a legitimate purpose, (ii) whether the personal data is adequate, relevant and not excessive in relation to the legitimate purpose for which they are collected and (iii) for how long certain data elements may be retained. In other words, what is considered a legitimate purpose for collection of certain data in one country may not be considered a legitimate purpose in another country.
During ICANN ’s discussions in an effort to reach a mutually acceptable resolution of the matter, some Registrars have requested that ICANN (a) clarify and better define certain data elements described in the Data Retention Specification that the Registrars maintain are not clearly defined; and (b) describe potentially legitimate purposes for collection and retention of each data element that would help provide guidance for Registrars both as to whether such elements may be lawfully collected, and, if so, for how long such elements might lawfully be retained..
In response to these requests from some Registrars, ICANN is posting for public comment a document seeking to clarify what is meant by certain data elements described in the Data Retention Specification and describing potentially legitimate purposes for collection and retention of those data elements. That document can be found here [PDF, 116 KB]. The document will be posted for a period of thirty (30) days to seek feedback and input from the community on (i) whether the data elements are appropriately described, (ii) whether the cited purposes for collection and retention are appropriate and legitimate, and (iii) whether there are other potentially legitimate purposes for collection and retention of such data elements. After the thirty (30) day period following this posting has expired, ICANN will consider all feedback and input received in connection with ICANN ’s ongoing discussions to reach a mutually acceptable resolution of Waiver Requests. In the interim, ICANN will continue its ongoing discussions to reach a mutually acceptable resolution of Waiver Requests with individual Registrars with the goal of granting additional Waiver Requests as and when appropriate.
A public comment period will remain open until 23:59 p.m. PDT/California, 21 April 2014. Public comments will be available for consideration by ICANN staff and the ICANN Board.
- Comments can be posted to:
This email address is being protected from spambots. You need JavaScript enabled to view it. - Comments can be viewed at: forum.icann.org/lists/comments-retention-21mar14/
This ICANN announcement was sourced from:
www.icann.org/en/news/announcements/announcement-3-21mar14-en.htm
ICANN Appoints Fourth New gTLD Data Escrow Agent
Beilong Zedata (Beijing) Data Technology Co., Ltd has been approved by ICANN to provide data escrow services to new gTLD Registry Operators.
All new gTLD Registry Operators are required to regularly deposit a backup copy of their TLD registration data through one of the approved data escrow service providers. The data held in escrow may be released to ICANN under certain circumstances in order to preserve the stability of the TLD in case of an emergency.
ICANN encourages applicants to engage with one of the approved data escrow providers in preparation for Specification 2, Part B.1, of the Registry Agreement. View the approved providers.
This ICANN announcement was sourced from:
newgtlds.icann.org/en/announcements-and-media/announcement-3-21mar14-en
Donuts : 280,000 + Registrations Across al Donuts gTLDs
Donuts published recently some of the most important stas on how the company is doing up until now. The company revealed that there are more than 280,000 registrations across all 43 new gTLDs.
Here are the numbers :
The numbers continue to grow during the 25th anniversary year of the Internet and the most significant expansion of online identities to date.
Here are the updated returns for Donuts:
20 Current Donuts employees
31 Donuts gTLDs now in the Sunrise process
43 Donuts gTLDs now available to any registrant (38 of which are at non-EAP pricing)
95 Donuts gTLDs delegated into the Internet’s root system
122 Signed Registry Agreements
131 Current number of ICANN-accredited registrars engaged to distribute Donuts gTLDs to the public
25,000+ Total registrations yesterday
280,000+ Total registrations to date across all Donuts gTLDs
Mar. 25 The housing boom begins: .CONDOS, .PROPERTIES, .MAISON and .TIENDA enter Sunrise phase
Mar. 26 General availability opens for .EDUCATION, .INSTITUTE, .REPAIR, .CAMP and .GLASS
If you’re a trademark holder, it’s not too late — get listed in the Trademark Clearinghouse and you become eligible for all of our current and future Sunrise periods, as well as our Domains Protected Marks List, which protects your mark at a fraction of the cost of defensive registrations:
Over 50% Quantity of world’s top brands that have subscribed to our DPML service.
ICANN : Notice of Preliminary Determination To Grant Registrar Data Retention Waiver Request for NAMEWEB BVBA
ICANN has made a preliminary determination that it is prepared to grant a data retention waiver request submitted by Registrar NAMEWEB BVBA under the 2013 Registrar Accreditation Agreement (the “2013 RAA”).
Section 2 of the Data Retention Specification (the “Specification”) of 2013 RAA provides that prior to granting any exemption under the Specification, ICANN will post its determination on the ICANN website for a period of thirty (30) calendar days.
Pursuant to Section 2 of the Specification, NAMEWEB BVBA submitted to ICANN a Registrar Data Retention Waiver Request (“Waiver Request”) on the basis of NAMEWEB BVBA’s contention that compliance with the data collection and/or retention requirements of the Specification violates applicable law in Belgium.
The Waiver Request cited Article 5 of Chapter 2 of the Belgium Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data. That article provides as follows (the following is an unofficial English translation from Dutch):
Article 5.
Personal data may be processed only if:
the data subject has unambiguously given his consent;
the processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
the processing is necessary for the compliance with an obligation to which the data controller is subject by or by virtue of law, decree or ordinance;
the processing is necessary in order to protect a vital interest of the data subject;
the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller or in a third party to whom the data are disclosed;
the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by the third party to whom the data are disclosed, except where such interests are overridden by the fundamental rights and freedoms of the data subject.
The King may specify, by royal decree deliberated upon in the Council of Ministers and after having taken advice from the Commission for the protection of privacy, in such cases the conditions under f) shall not be considered fulfilled.
The Waiver Request was accompanied by a letter from the Article 29 Working Party dated 8 January 2014 regarding European Data Protection Directive 94/46/EC and asserted that the Belgian law cited is an almost direct translation into Dutch of the European Directive. The Waiver Request also cited the previous waiver granted by ICANN to OVH SAS on the basis of French law.
Following receipt of the Waiver Request, and in accordance with the 2013 RAA, ICANN through its legal counsel and NAMEWEB BVBA discussed the matter in good faith in an effort to reach a mutually acceptable resolution of the matter.
The outcome of those discussions is that NAMEWEB BVBA is seeking a waiver with respect to Sections 1.1.1 through 1.1.8 of the Specification that seeks to reduce from two years to one year the period for which these specified data elements must be retained after the Registrar’s sponsorship of the Registration ends.
ICANN has determined on a preliminary basis that it is prepared to grant the data retention waiver request. ICANN is posting this preliminary determination for a period of thirty (30) days to seek feedback and input from the community on the proposed data retention waiver. After the thirty (30) day period following this posting has expired, ICANN will consider all feedback and input received before making a final determination on whether to grant the Waiver Request.
The scope of the proposed waiver would be to permit NAMEWEB BVBA to maintain the information specified in Sections 1.1.1 through 1.1.8 of the Specification for the duration of its sponsorship of the Registration and for a period of one (1) additional year thereafter rather than two (2) additional years thereafter. In all other respects the terms of the Specification would remain AS-IS.
The specific change to the Specification would be that, for the duration of the Waiver, the retention requirement of Paragraph 1.1 of the Data Retention Specification be changed from “two additional years” to “one additional year.”
If ICANN does make a final determination to grant the Waiver Request sought by NAMEWEB BVBA, the provisions of Section 3 of the Specification would apply to similar waivers requested by other registrars located in the same jurisdiction. Section 3 of the Specification provides as follows:
If (i) ICANN has previously waived compliance with the requirements of any requirement of this Data Retention Specification in response to a Waiver Request from a registrar that is located in the same jurisdiction as Registrar and (ii) Registrar is subject to the same applicable law that gave rise to ICANN’s agreement to grant such wavier, Registrar may request that ICANN to grant a similar waiver, which request shall be approved by ICANN, unless ICANN provides Registrar with a reasonable justification for not approving such request, in which case Registrar may thereafter make an Wavier Request pursuant to Section 2 of this Data Retention Specification.
A public comment period will remain open until 23:59 UTC, 21 April 2014. Public comments will be available for consideration by ICANN staff and the ICANN Board.
This announcement was sourced from:
http://www.icann.org/en/news/announcements/announcement-2-21mar14-en.htm
Sedo’s Macau Auction Ended Today! Sales Totaled Close to $200,000
Sedo’s Macau domain name auction ended today. Sales totaled close to $200,000,according to Sedo’s updates on Twitter.
Sedo held this auction on Twitter. The auction had 20 followers .
Here is the inventory.
Here are some of the sales :
Lot 24 “I want to eat” Sold for $2,000
Lot #17 next “invest in domain names” Sold for $2,500
Lot 15 United Kingdom Sold $2,550
Lot 39 “Gaming/Game” Sold $25,388
Lot 38 “Financing” Sold $2,000
Lot 37 “Rent” Sold $15,500
Here are all the tweets from Sedo .
